The Supreme Court, on 15 May, slammed Calcutta High Court judge, Justice CS Karnan, for filing pleas seeking the quashing of the apex court order sentencing him to six-months jail for contempt of court.
“You are wasting the court’s time. We will hear the plea when it comes up,” the apex court said, as Karnan’s advocate, Mathews J Nedumpara, sought an urgent hearing in the matter. This comes after Karnan on 11 May moved the court seeking a recall of an order holding him guilty of contempt of court.
Karnan Moves Supreme Court
On 12 May, Justice Karnan's lawyer requested the court to stay the arrest order against him. Justice Karnan's lawyer told SC that he [Karnan] wanted to tender an unconditional apology, but the SC registry wasn’t accepting his application.
Karnan was instructed to file an application and was told that he would be heard when judges were available.
A petition about the recall was mentioned before a five-judge bench headed by Chief Justice JS Khehar, which agreed to look into it.
Advocate Mathews J Nedumpara, who mentioned the plea on behalf of Justice Karnan, was asked to show papers that authorised him to represent the judge. The advocate showed the notarised papers of authorisation for filing the plea on behalf of the judge to the bench.
When the Chief Justice of India asked about the whereabouts of Justice Karnan, the advocate said he was "very much in Chennai".
Nedumpara also said 12 Advocates on Record (AoR) had refused to represent Justice Karnan. The plea on behalf of the judge was mentioned before the bench which had just concluded the day’s hearing on the issue of triple talaq.
Not in Chennai, Not in Andhra Pradesh: Where is Justice Karnan?
When a Kolkata police team reached Chennai on 10 May to arrest Karnan, he was not found in Tamil Nadu. According to some reports he was in the holy town of Srikalahasti, in neighbouring Andhra Pradesh.
His lawyer, W Peter Ramesh, told The Hindu that he may or may not be out of the country and refused to clarify if the judge had left the country.
He wants to prepare an appeal to the President of India. Until the final orders are passed by the seven judges when it can be reviewed by him, he wants interim bail. He also wants the President to forward his complaint, which is lying before him neither accepted nor rejected, to Parliament for impeachment proceedings for himself.W Peter Ramesh told The Hindu
Justice Karnan, who has been on warpath against the Supreme Court for the last several months, would be the first sitting judge of a High Court to be sent to jail. He was due to retire next month.
The bench, which was led by Chief Justice of India Khehar, comprised senior-most judges Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, MB Lokur, PC Ghose and Kurian Joseph. The bench said it was satisfied that Justice Karnan be sentenced for six months in jail.
Justice Karnan had "sentenced" CJI Khehar and seven other apex court judges to five-years imprisonment after he "found them guilty" under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act, 1989) and the amended Act of 2015.
Karnan Found Guilty in Contempt of Court Case
The seven-judge constitution bench had initiated contempt of court proceedings against Justice Karnan after he repeatedly levelled allegations of corruption against Madras High Court chief justice and other judges.
On 31 March, Justice Karnan had appeared in the Supreme Court in the contempt case, a first in Indian judicial history, and sought restoration of his powers as a precondition for his re-appearance, but the plea was rejected.
A belligerent Justice Karnan had told the court he would not appear before it again even if he was arrested and put in jail. Justice Karnan was transferred from the Madras HC for his repeated allegations and run-ins with its chief justice and fellow judges.
(With inputs from PTI. This story has been updated.)
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